Thursday, February 15, 2024

Translation: Xu Zhiyong's Statement in His Own Defense

 Source: https://chinadigitaltimes.net/chinese/694913.html

China Digital Times: On April 10, 2023, Xu Zhiyong, a well-known human rights defender, and Ding Jiaxi, a human rights lawyer, who had been detained for more than three years, were sentenced by the authorities to 14 years and 12 years, respectively, for "subversion of state power." This article is Xu Zhiyong's self-defense statement, provided to Digital Times by human rights lawyer Teng Biao.

A Statement In My Own Defense

1. The Citizens Movement

You accuse me of subverting state power. The so-called criminal facts include: advocating citizens' movements, writing "Glorious China", having exchanges on the ideology of non-violence, and holding offline gatherings of citizens. I have no intention of defending myself, because it is not your judgment that determines when we will be free and when China will be free, but Haotian's will. But dawn is approaching, and for the sake of a better future for China it is necessary to once again elaborate on the Citizen Movement.

The Citizens Movement is an action that advocates citizens conducting themselves as true citizens, taking citizens' identities, rights, and responsibilities seriously, rationally promoting national and social progress, and ultimately realizing a glorious China of democracy, rule of law, freedom, justice, and love. We should take our status as citizens seriously. We are citizens, not subjects who bow before power, nor silent ants in a reincarnation of a dynasty. Citizens are the masters of the country who regularly vote to decide which party is in power and who is in power. We take citizens' rights seriously, including the freedoms of elections, speech, association, assembly, processions, demonstrations, etc. that are written in the Universal Declaration of Human Rights and also in China's Constitution. We have freedom of speech, which we cannot be arbitrarily deprived of on the grounds of sensitivity or harmfulness. We have the right to vote and we cannot be deprived of it by manipulation through indirect elections or designated candidates to suppress competition. Taking the responsibilities of citizens seriously, China is a China of the people and all citizens, not a China of any family or political party. As citizens, we pursue democracy, defend freedom, and uphold fairness and justice.

Taking democracy seriously, taking freedom seriously, taking seriously the core values you hang on the wall, and taking seriously the banner of democracy and freedom held high by people with lofty ideals and benevolence for hundreds of years. Just taking these things seriously. Is that subverting your regime?!

The Citizens Movement advocates a modern civilized public lifestyle. We believe that politics is not about seizing power and doing whatever it takes to gain power, but rather about taking up a good cause for the benefit of the public. We set up a citizen logo with the blue background of the Republic of China and Mr. Sun Yat-sen's handwriting of "citizen." We also made citizen badges, cultural shirts, umbrellas, water cups, etc. to spread the concept of citizenship. We actively participated in public affairs, promoted the abolition of detention and deportation, ran for election as National People's Congress representatives, expressed opinions and made suggestions on major public events. We were enthusiastic about public welfare, helping earthquake victims, helping primary school students in Tibetan areas, and preventing the forced relocation of the Beijing Zoo. We are public interest lawyers, independent candidates for National People's Congress representatives, members of community property committees, environmental volunteers, opinion leaders, and Chinese people who pursue freedom and love democracy. Be citizens yourself, be citizens together, serve the society, cultivate civil society, and connect the country into a community of citizens.

The goal of the Citizens Movement is a glorious China of freedom, justice, and love. Freedom is human nature and the eternal purpose of the country and society. Without hindering others, follow your heart's desires; when others are hindered, find a balance. There are no restricted areas for thought and speech, and rights and responsibilities must be commensurate with each other. Justice is the reasonable boundaries of liberty, earthly equity, and fairness, with restraints for the strong and safeguards for the weak. Everyone performs their duties, everyone does what they can, and everyone gets what they deserve.

Love is the most glorious emotion in the world. Love yourself, practice spirituality in this world, and perfect your soul; love your relatives and friends, and be grateful for the love of life; love strangers, and smile warmly to each other; love your enemies, sympathize with those who are bound up by hatred and hostility. Love all living things, the spirit of all things, love the endless world. Freedom, justice, and love are our core values, the banner of this era, and the new national spirit of China.

Being a true citizen is both a strategy and a belief. The totalitarian system is extremely insecure, so it uses modern concepts such as democracy and freedom to package itself. It is like a villain wearing a cassock. Onlookers take it seriously, and they can thus force it to accept certain rules and precepts. Being a true citizen is more than just a matter of faith. The way of the world is that all that exists under heaven belongs to the people, and my lifelong quest is to become a true citizen, enjoying the  universal rights of freedom such as freedom of speech and the right to vote. When that day comes, then my country most certainly will have changed too.

The Citizens Movement is not the name of an organization. At present, citizens' groups are not organizations. One day, when China needs them, citizens will form an organization. Not a gang-like organization of strict personal attachments, but a modern civilized political organization based on individual freedom and democratic rules. Its name is the Citizens Union.

2. Glorious China

The first draft of "Glorious China" was written in 1993, when it was called "Free China." In October 2020, I completed the final revision of the article in a detention center without pen and paper. There are 24 articles in total, divided into 3 parts. The first part has 10 articles, and the themes are the citizen rights protection movement, including the 20th century, life as a dream, in the name of citizens, etc. The second part has 9 articles, and the themes are the citizen movement, including China's path, citizen movements, non-violence, etc. The third part contains 5 articles, and the themes are the future of China, including constitutional China, good politics, glorious China, the rebirth of civilization, and my beliefs.

In the spring of 2003, we submitted a citizens' proposal to the Standing Committee of the National People's Congress, demanding a constitutional review of the Custody and Repatriation System. We signed the proposal with the word "citizen" in front of our names. Everyone worked together, causing a sensation in the government and the public, and the system was quickly abolished. Afterwards, a group of professional lawyers entered the public eye, using law as a weapon to defend citizens' rights and promote the process of democracy and the rule of law. In academic circles this was called the citizens' rights protection movement.

Over the past ten years, we have fought unjust cases of innocent people sentenced to death, fought for compensation for the kidney stone babies and the people enslaved to work in black brick kilns, we have exposed black jails, rescued illegally detained petitioners, and fought side-by-side with parents for the rights of tens of millions of left-behind children to go to school and take college entrance examinations. We have run for election as a deputy to the National People's Congress, promoted the improvement of the electoral system, and provided many suggestions to the National People's Congress, including abolishing reeducation through labor and changing the family planning policy. We once held high hopes that grassroots democracy would gradually advance upwards and the rule of law would gradually improve, that China could achieve a modern civilization of democracy, and that the rule of law would be achieved through gradual reforms.

In a society where the people have long been subjected, we burned our own weak light and worked hard to awaken the people to join together as citizens, for only by working together can we change China. In May 2012, we launched the New Citizens Movement, which was later renamed the Citizens Movement.

Dictatorships must fall and democracies must arise. I hope that China's constitutional civilization transformation will find its own path, and the people will pay the minimum price to reform the old economic system, grow a market economy, change the old political system, and grow a community of citizens. No matter whether the interaction between the government and the opposition completes the transformation, or the dictatorship suddenly collapses, China will not fall into turmoil, but will have a better future. This is the path for China and the original intention of the Citizens Movement.

Soviet Russia was unprepared economically and socially for its political transformation, leading to turmoil and disorder, and the return of authoritarianism. China is different. We have had a market economy for forty years and a civil society that has already taken root. China has been preparing for forty years, and we will continue to work hard to cultivate a strong and rational force of modern civilization outside of the old system. China's revolution will not follow the old path of the Soviet Union, because we citizens are here.

We know that China will have a bright future. That is a democratic China, a free China, a just China, a China full of love, a China with civilization reborn, and a China that the world admires.

3. The Rebirth of Civilization

The mission of the Chinese people is not national rejuvenation but the rebirth of civilization. National rejuvenation, as the name suggests, represents a prosperous era. What era is it? The Western Han Dynasty can be said to have been powerful, but at the same time, the Roman Empire's military, technological, and cultural influence on later generations was even more profound. The culture of the Tang Dynasty was prosperous, but at the same time the Islamic Empire emerged, and "One Thousand and One Nights" and Arabic numerals became more widely circulated. The Qin Dynasty was short-lived, the Song Dynasty's army was weak, the dynasties of the Mongol Yuan, Han Chinese, and Southern peoples are not worth recalling, and the scientific culture of the Ming and Qing Dynasties were characterized by constant decline.

For more than two thousand years, the haze of the Qin system has shrouded China. Although there was a revival in the Tang and Song Dynasties, backwardness in modern times was inevitable. The Qin system was barbaric and tyrannical, and it took the world for its own selfish interests. Its system has dominated the political landscape with dynastic reincarnation. The tree of Chinese civilization never grew, but gradually withered. Our modern ancestors introduced science and tried hard to introduce democracy, but in the end they introduced communism, and the evil fire of Marxist-Leninist fetishism has raged ever since, leaving behind this spiritual wilderness.

We are doomed to defeat if we use Western communist totalitarianism to fight against Western democracy and freedom, use Western Marxist-Leninist fetishism to fight against Western Christian civilization, and use Western dross to counter Western essence. The true self-confidence of a nation does not lie in digging up its ancestral graves in order to discover Marxist-Leninist cults, much less in the oracle bones and bamboo slips found in ancestral graveyards, nor at the craters of volcanoes where people speak uniformly, whitewash peace, and fake a prosperous age. True self-confidence is rooted in the faith and culture of our ancestors and based on the democracy and freedom of the world, where 1.4 billion people burst out with passion and vitality to create the most advanced technology, the most prosperous economy, and the most splendid culture in the world, expelling Marxism-Leninism and returning to the roots of Huaxia, a civilization reborn, a glorious China.

When the Sanxingdui Golden Mask was unearthed I saw the glory that once illuminated China, that our people had also had such a pious history, that like all major civilizations of that time sacrifice played an important role. King Tang of the Shang Dynasty opened the net on three sides, showing his virtue was universal, and boldly vowed "Where the Xia Dynasty was unjust, we who fear God dare not be unjust." That is a Huaxia with a soul, a China with faith.

Integration into the trend of modern scientific democracy caused Japanese civilization to be reborn, is causing Indian civilization to be reborn, and Chinese civilization will also be reborn. God has left this spiritual wilderness where no new civilization has grown, and we need to understand nature, ourselves, and God at a higher level. New philosophy, new religion, new technology, and new culture will dissolve the conflicts of civilizations and lead a new era of human civilization.

The root of the rebirth of Chinese civilization lies in ancient times, where there is the God Haotian, the rich spiritual world of our ancestors, and the China where spring flowers bloom. The majestic power of the rebirth of Chinese civilization is blooming in this world. If everyone is free from authoritarian oppression and everyone is free to create, China will surely regain its glory.

Staring at the eternal moonlight outside the iron window, I pray with my ancestors to Haotian. You who created the universe, galaxies, life and mankind, inspired wisdom, science, major religions, and led major civilizations. Just like your children, one of them is lost and has been alone for three thousand years. Now that you are finally coming home, you are watching our generation of Chinese sons and daughters end the long night of dictatorship with struggle and commitment, ushering in the glorious rebirth of Eastern civilization, freedom, justice, and love. A Huaxia with a soul, a China with faith.

4. Dawn is Coming

A century ago, the Qing Dynasty was overthrown and the Republic of China was established. However, the specter of autocracy was unwilling to withdraw from the stage of history. After decades of internal and external troubles, the Republic of China fell and autocracy returned.

In the name of communism, thousands of years of autocracy have returned to glory, and the cry of "long live" has choked the sky and the earth. The immature democracy, rule of law, and market economy of the Republic of China have been blown away by the rain and wind. The Chinese people, who had just stood up but were still unsteady on their feet, have once again fallen to their knees. This is a historical counter-current that shows no self-confidence, and as a result everywhere there is mendacity. In the guise of the people and under the banner of democracy and freedom, their mendacity is sustained by violence and terror. When the government was first established there was  massive suppression, and the anti-rightist movement broke the backbone of the scholars. During the Great Leap Forward, tens of millions of people starved to death. During the insanity of the Cultural Revolution Emperor Yan's mausoleum was destroyed, the tomb of Confucius was violated, and the tombs of our ancestors were dug up. In times of trouble for China, the Mongols, the Manchus, and the Japanese came, but the foreign occupiers still showed respect to Confucius and our ancestors. Only the specter of Soviet-Russian communism could destroy our Chinese culture in such an unprecedented and cruel way, with a multitude of crimes that are too numerous to describe.

The pendulum eventually swings back. The totalitarian madness gradually dissipated, and the people were able to enjoy a little sunshine of freedom, breathe a little free air, and enjoy prosperity and progress for more than thirty years. However, the specter of totalitarian ghost cannot change its nature so easily. In its death throes it puts the gears in reverse and starts backing up against current. Looking at China today, there are already “four comprehensives”:

Comprehensive Economic Crises. A totalitarian system may be able to promote economic development in the short term, but it distorts the market, depletes people's power, suppresses society, and ultimately becomes an obstacle to economic development. High oil prices, high housing prices, high taxes and fees, monopolization of the national economy and people's livelihoods, eventually these all become tools to suck out blood. People are heavily in debt and unable to consume. When the people are poor, the country is also poor. A swarm of rats steal wealth and store it abroad. They squander money and make random investments that empty out the national treasury. The stability maintenance system expands and exhausts the State's power. After the epidemic, while the world economy is booming, only China's industries are in decline and people are struggling to make ends meet. In response to the debilitating economic crisis, they have worked ever harder to suck out the blood and throw away money, and quench their thirst with poison.

Comprehensive Political Regression. In the 1980s, it was proposed that the Party and the State be separated. Now the Party must lead everything: the economy, private enterprises, primary and secondary schools, football, and the yin and yang of churches and temples. What kind of spectacle of a "prosperous age" is it when the crosses on top of churches are burned and monks are paraded out to raise the national flag. For forty years village-level democracy has not advanced but retreated. Hong Kong's century-old freedom and rule of law have been undermined. Those within the Party have invented the crime of "making indiscriminate remarks," and we can all see where that road leads. What's more, they risked universal condemnation by openly tampering with the Constitution and presumptuously and seeking to grant immortality to a corpse. Is it possible that the sons and daughters of Huaxia will tolerate this?

Comprehensive Cultural Decay. A big country with a population of 1.4 billion, yet its cultural influence is far less than that of Japan and South Korea. Confucius Institutes are running into obstacles all over the world, and the once grand Spring Festival has become dull because it lacks a soul. Layers of censorship and castration have left the Internet in a state of desolation. Movies, TV, literature, and art are bereft of any tune beyond the Main Theme. Since the Cultural Revolution, which revolutionized Chinese culture, the spiritual world of the Chinese people has been a desert. How can a Western evil spirit that digs up the graves of China's ancestors lead the rejuvenation of China?

Comprehensive Diplomatic Failure. After World War II, the Olympics have never faced such a large-scale boycott, and the Chinese have never faced such widespread discrimination. The big money along the Belt and Road has only sown but not reaped, measuring China's material resources to please the czar, becoming an enemy of democracy and freedom, in the company of tyrants and thieves. How was a majestic China brought so low?

Clearly tens of millions of people live below the international poverty line, but it is claimed we are moderately prosperous in all respects. Clearly it is nothing but a rubber stamp, but it is claimed that it is the highest authority in the country. Clearly it is a one-party dictatorship, but it is claimed we have full-process democracy. Clearly the emperor has no clothes, but it is claimed he is wearing the most magnificent new clothes in the world.

He led all the forces to restrain, and worried about the world, the six qi were not in harmony, the four seasons were not seasonal, the epidemic of the century, the floods in the Central Plains, the sky's alarm bells thundered in the mountains and rivers, and the emperor could not wake up the old man's dream. Two years ago, I wrote a letter to persuade him to quit, but now I no longer persuade him. The sun and the moon have risen, and their energy has been exhausted. God wants to destroy it, but who can stop it from going crazy?

Forces are deployed to restrain the power of the people, all in the world is confusion and worry, the natural balance has been disrupted, the four seasons are in turmoil, epidemics roil the land, floods scour the plains, but Haotian's alarm bells thundering over the mountains and rivers cannot rouse the emperor from the remnants of his old man's earthly dreams. Two years ago, I wrote a letter to persuade him to step down, but to this day he remains immune to counsel. The sun and the moon have risen, and their energy is spent. It is God's will that it be destroyed, but who can bring an end to his insanity?

5. We Citizens

Citizens, the dawn is approaching. The long night of three thousand years of autocracy began to brighten in 1840, and the darkness before the dawn of more than seventy years will finally come to an end. Communist totalitarianism is a dead end, and such retrograde behavior cannot long survive. The collapse of autocracy and the rebirth of China will represent a transition centuries in the making, and a three thousand year sea change. This is the final battle between freedom and slavery, democracy and tyranny, light and darkness. Fortunate are we who have been born at the right time to take up this great mission.

We are China's future. What kind of China we will give future generations depends on our beliefs and our actions. It breaks ones heart to witness the loss of national faith, the depression of spirit, the corruption of conscience, and the withering of culture in this land that has been polluted by dictatorships for thousands of years. A new civilization needs a cornerstone, and we citizens are that cornerstone. A new civilization needs soil, and we citizens are duty-bound to it.

It has been twenty years since I visited AIDS villages in Hubei and Henan in the summer after I was awarded my Ph.D. and embarked on that rocky road of public service. I was knocked to the ground in front of the National Bureau of Letters and Calls. I was beaten and kicked in the Youth Hotel Black Prison and in Yinan County. I was illegally detained in many places, arrested for tax evasion, imprisoned as a thief, and imprisoned in the prisons of Tianhe, Liulin, and Kenhua. Who is there that can take what he himself has in excess and offer this to the Empire? Think of Paul’s letter: I have fought the good fight, I have finished the race, I have kept the faith. Ah, what kind of generation is this? I still have the opportunity to share in the glory of the Lord.

I never feel that this world is desolate. There is a starry sky above the ruins, and Haotian's love sits atop that starry sky. I would never complain about the people. The silence before dawn is just because our singing is not loud enough. Passion burns for freedom; swords are unsheathed for the public welfare; and there is compassion for all living things because of love.

I love this world so much. I love every shy flower and every innocent bud in spring. I love freedom so much. However, in order to fight for more people's freedom and China's freedom, I have been deprived of my freedom again and again.

Born on the old course of the Yellow River in the hinterland of the Central Plains, three thousand years ago it was named China. But everywhere there is a twentieth-century name, civil rights. I love the Republic of China so deeply. Love the fleeting light of hope for our nation. I was a latecomer and spent my life fighting for civil rights. I know that the great era has begun. I hear the footsteps of history rolling in. I hear it say, go ahead and walk through this final valley of the shadow of death. Because of my faith, I carried the cross; because of my faith, I traveled through the long dark years; because of my faith, I embraced with my life the rising sun of the rebirth of Eastern civilization.

Ten years of the Citizens Movement. How many citizens are there standing up in the land of China? This nation has been on its knees for too long. We still have a long way to go. But neither should we be pessimistic. Democracy and freedom cannot be achieved only when everyone wakes up. As long as one percent of the people wake up and more than 10 million brave citizens wake up, it will be enough to change China. Do not think that the night is all-powerful, for the relentless dawn will give it no place to hide. Do not think that silence is so terrible, for one word of truth can make it fly away. Do not think that we will despair because they hold the guns, for once the consciousness of freedom awakens, the ghosts and monsters will disappear, and the guns and armor will be returned to the people. Our strength lies not in guns, but in the human heart; not in lies, but in truth; not in schemes, but in piety; not in hatred, but in love.

Remember to speak the truth. The truth is powerful. Even if there is no response at the time, the seeds of truth will surely sprout one day. If you tell the truth, you may be banned or imprisoned, but this just reflects the value of telling the truth. Speak the truth bravely, speak the truth wisely, say that I am a "citizen," say "glorious China," and say "Arise! Ye who would not be slaves." Tell the truth on the Internet, tell the truth on T-shirts, tell the truth on buses and subways, tell the truth in mountains and rivers, and tell the truth in places where Chinese people live.

Remember to observe fasting days. Observe a day of fasting every June 4th and state so publicly on the Internet. This is an irrepressible memorial that can be held on to even if freedom is lost. This is a more powerful memorial. Although the body is weak, the spirit is strong. This is a commemoration of the opening up of the future. We commemorate the sacrifices of our ancestors with small sacrifices, and build a new Chinese national spirit with our piety and humility.

Remember Citizenship Day. Citizen's Day is celebrated every Sunday, and citizens everywhere can also choose their own day. It is a day for citizens to meet, to care for the country, to exchange ideas, and to serve the community. It is a day to wear a civic badge, use a civic symbol, and spread the idea of citizenship.

Remember "Glorious China." This is the ideal struggle and responsibility of a group of citizens. There is China's future and its path. When ten million people read it carefully, democracy will come to this magical land.

Remember love. Courage is most valuable before the dawn. Courageous citizens are to be cherished. Do not malign one another on the Internet, do not speak without love, and criticize with a kind heart. We should understand each other, encourage each other, tolerate those of different organizations and religions, and support those of different social statuses and interests. Love this vast land with all its vicissitudes, long civilization, and industrious people. It is our common destiny to put an end to the long night of autocracy and usher in the glorious rebirth of Eastern civilization. We must not be blinded by hatred at any time, and we must have love in our hearts in order to have the strength to move forward with courage.

When that day comes, when the people take to the streets, the citizens with the ones who lead the way. We already have a strong community of citizens. We know how to resolve ethnic issues on the border and dissolve historical grievances. We know how to get out of the economic crisis and give our citizens confidence and hope. We know how to heal the wounds of history with truth and justice. We know the future of China: a scientific constitutional government, a rebirth of civilization, and a glorious China.

We are ready.
It’s really not appropriate for you to say that we are subverting your regime, because it is by the people that you will be subverted. Since the glory must be given to us, I accept it gracefully, and then return it to the motherland and people, to history, and ultimately to Haotian, for it is by him that all of this has been arranged.

Citizen Xu Zhiyong, April 2022




CDT 编者按:4月10日,已被关押三年多的中国知名人权捍卫者许志永和维权律师丁家喜,被当局以“颠覆国家政权罪”分别重判14年和12年。本文是许志永的自辩词,由人权律师滕彪提供给中国数字时代发表。



一、公民运动

你们指控我颠覆国家政权,所谓犯罪事实:倡导公民运动,写作《美好中国》,非暴力理念交流,公民线下聚会。我无意自辩,因为决定我们何时自由,中国何时自由的,不是你们的判决,而是昊天的意志。然黎明将至,为中国之美好未来,有必要再次阐述公民运动。

公民运动是倡导国民做真公民的行动,把公民的身份、权利、责任当真,理性地推动国家社会进步,最终实现民主、法治、自由、公义、爱的美好中国。把公民的身份当真,我们是公民,不是权力面前卑躬屈膝的臣民,不是王朝轮回中默默无声的蝼蚁。公民是国家的主人,定期以选票决定哪个党执政,谁是执政者。把公民的权利当真,选举、言论、结社、集会、游行、示威等等写在世界人权宣言、也写在中国宪法里的自由权利,我们当真。我们有言论自由,不能以敏感有害等借口肆意剥夺。我们有选举权,不能以间接选举、指定候选人压制竞争等方式操控剥夺。把公民的责任当真,中国是人民既全体公民的中国,不是哪个家族哪个政党的中国。作为公民,我们追求民主,捍卫自由,维护公平正义。

把民主当真,把自由当真,把你们挂在墙上的核心价值观当真,把百年来志士仁人高举的民主自由旗帜当真。当真而已。这就是颠覆你们的政权?!

公民运动倡导现代文明公共生活方式。我们相信,政治不是打江山坐江山、为权力私欲不择手段,而是为公众谋福利的美好事业。我们设置的公民标识,民国蓝底色,孙中山先生的手迹“公民”,并以此制作了公民徽章、文化衫、雨伞、水杯等,传播公民理念。我们积极参与公共事务,推动废除收容遣送,参选人大代表,就重大公共事件发表意见,提出建议。我们热心公益事业,救助地震灾民,帮助藏区小学生,阻止北京动物园强制搬迁。我们是公益律师,是人大代表独立候选人,是小区业委会成员,是环保志愿者,是意见领袖,是追求自由热爱民主的中国人。自己做公民,一起做公民,服务社会,培育民间社群,全国连接成为公民共同体。

公民运动的目标是自由、公义、爱的美好中国。自由是人之天性,是国家社会的永恒目的。无碍他人,随心欲,有碍他人,互平衡。思想言论无禁区,权力责任相适应。公义是自由的合理边界,是尘世间的公平正义,强有制约,弱有保障,各司其职,各尽所能,各得其所。

爱是人世间最美好的情感,爱自己,修行此世,完美灵魂;爱亲人朋友,生命之爱亦有感恩;爱陌生人,彼此温暖的微笑;爱仇敌,同情那被嗔恨敌意捆绑的灵魂;爱众生,万物之灵,爱生生不息的尘世。自由、公义、爱是我们的核心价值,是这个时代的旗帜,是华夏新民族精神。

做真公民是策略、更是信仰。极权体制极不自信,所以拿民主自由等现代理念包装自己,好比一恶徒披上了袈裟,围观者都当真了,也能迫使其接受一些清规戒律。做真公民更是信仰。大道之行,天下为公,吾毕生之所求是成为一个真正的公民,享有言论自由、选举权等普世的自由权利。等那一天到来时,我的国家也一定变了。

公民运动不是一个组织的名称,当下公民群体还不是一个组织,有一天中国需要时公民会成为一个组织,不是人身依附等级森严的黑帮式组织,而是个人自由民主规则之上的现代文明政治组织。它的名字是公民联盟。
二、美好中国

《美好中国》第一稿写于1993年,当时名为《自由中国》。2020年10月在没有纸笔的看守所完成最后一篇修订,共24篇,分3个部分,第一部分10篇,主题是公民维权运动,包括20世纪,一生为一个梦想,以公民的名义等。第二部分9篇,主题是公民运动,包括中国道路,公民运动,非暴力等。第三部分5篇,主题是未来中国,包括宪政中国,美好政治,美好中国,文明重生,我的信仰。

2003年春天,我们向全国人大常委会提出公民建议,要求对收容遣送制度进行违宪审查,建议书落款在自己的姓名前加上“公民”两个字,众人合力,朝野轰动,很快废除了收容遣送。自此一群职业法律人走进公众视野,以法律为武器,捍卫公民权利,推动民主法治进程,这被学界称为公民维权运动。

十年间,我们为无辜被判死刑的冤案奔走,为结石宝宝、黑砖窑奴工争取赔偿,围观黑监狱,救出被非法拘禁的上访者,为数千万留守儿童争取在父母身边上学、高考的权利,参选人大代表,推动选举制度的完善,给全国人大提供很多建议,包括废除劳动教养,改变计划生育政策。我们曾经期待,基层民主逐渐向上推进,法治逐渐完善,中国通过渐进改良,实现民主法治现代文明该多好。

在一个漫长的臣民社会,我们燃烧自己那么微弱的光芒,努力唤醒国民,一起做公民,一起努力才能改变中国,2012年5月,我们发起新公民运动,后来更名为公民运动。

专制必将结束,民主必将到来。我希望中国的宪政文明转型走出自己的道路,人民付出最小的代价,改革旧经济体制、长出市场经济,变革政治旧体制、长出公民共同体;无论朝野互动完成转型,还是专制突然崩溃,中国都不会陷入动荡,而是会有更美好的未来,这就是中国道路,公民运动的初心。

苏俄政治转型,经济社会都没有准备好,动荡失序,威权重来。中国不一样,我们有四十年市场经济,有初步发展的公民社会;中国准备了四十年,我们会继续努力,在旧体制外,长出强大理性的现代文明力量。中国革命不会走苏联的老路,因为我们公民在。

我们知道中国必有美好的未来。那是民主中国、自由中国,是公义中国、充满爱的中国,是文明重生的中国、世人敬仰的中国。
三、文明重生

华夏儿女的使命不是民族复兴而是文明重生,民族复兴顾名思义,再现某个兴盛时代,什么时代呢?西汉可谓强盛,但同时期罗马帝国军事、科技、文化队后世的影响更为深远。唐朝文化繁盛,但同时期伊斯兰帝国兴起,《一千零一夜》、阿拉伯数字流传更广。秦朝短命,宋朝军弱,蒙元汉人南人不堪回首,明清科技文化江河日下。

两千多年了,秦制阴霾笼罩华夏,虽有唐宋复兴,近代落后实属必然。秦制野蛮专横,以天下为私,打江山坐江山王朝轮回,中华文明之树始终没能长大,反倒渐渐枯朽。近代先辈曾引进了科学,也曾努力引进民主,可最终引进的是共产主义,马列拜物教邪火肆虐,留下这片精神荒野。

以西方的共产极权对抗西方的民主自由,以西方的马列拜物教对抗西方的基督文明,以西方之糟粕反西方之精华,焉能不败。一个民族真正的自信不是掘自家祖坟认马列为宗,不是祖先墓地的甲骨和竹简,更不是火山口上言论一律,粉饰太平,伪造盛世。真正的自信是以祖先的信仰文化为根,以当世民主自由为基,14亿人迸发激情活力创造出世界上最发达的科技,最繁荣的经济,最灿烂的文化,驱逐马列,归根华夏,文明重生,美好中国。

三星堆黄金面具重现天日,我看见了曾经照耀华夏的荣光,我们民族也曾有那样虔诚的历史,与同时期各大文明一样,祭祀扮演着重要角色。商汤网开三面,德及禽兽,于鸣条之野誓此:“夏氏有罪,予畏上帝,不敢不正。”那是有灵魂的华夏,有信仰的中国。

融入近代科学民主之潮流,日本文明得以重生,印度文明正在重生,中华文明也必将重生,上天留下这篇精神荒野未长出新文明,在更高处认识自然、认识自己、认识上帝。新哲学、新宗教、新科技、新文化消融文明之冲突,引领人类文明新时代。

中华文明重生之根,立于上古,那里有昊天上帝,有祖先丰美的精神世界,有春暖花开的中国。中华文明重生之磅礴力量,绽放今世,倘人人免于专制压迫,人人得以自由创造,华夏定会重现辉煌。

凝望铁窗外亘古月光,我同先祖祈祷昊天,你创造了宇宙星系生命和人类,启示了智慧、科学、各大宗教,引领各大文明,就像你的孩子,其中一个走失了,三千年孤独磨难,精神荒野,如今终要回家,你正注视着我们这一代华夏儿女以奋斗和担当结束专制漫漫长夜,迎来东方文明辉煌重生,自由、公义、爱,有灵魂的华夏,有信仰的中国。
四、黎明将至

一个世纪前,满清倾覆、民国初立,然专制幽灵不甘退出历史舞台。数十年内忧外患之后,民国沦陷,专制重来。

以共产之名千年专制回光返照,万岁之声呼天呛地,民国稚嫩的民主、法治、市场经济雨打风吹去。刚刚站起,脚跟未稳的中国人民又彻底跪下了。这是一股历史逆流,极不自信,所以谎言弥天。以人民为幌子,以民主自由为旗号,维系谎言则靠暴力恐怖。建政之初即大肆镇压,反右运动打断士人脊梁。大跃进,数千万人饿死。文革癫狂,毁炎帝陵,挖孔子墓,掘中华祖坟。多灾多难的华夏,蒙古人来过,满清人来过,日本人来过,异族占领者尚能尊孔敬祖。唯苏俄共产主义幽灵,毁我中华文化至惨至烈史无前例,累累罪行,罄竹难书。

物极必反。极权癫狂渐渐散去,人民得享一点自由阳光,呼吸一点自由空气,有了三十多年繁荣进步。然极权幽灵秉性难移,垂死之际,倒车声声,逆流横行。放眼今日中国,已然“四个全面”:

经济全面危机。极权体制短期内也许能促进经济发展,然扭曲市场,耗竭民力,压抑社会,最终沦为经济发展的障碍。高油价,高房价,高税费,国计民生皆被垄断,皆成吸血工具。人民负债累累,消费无力。民穷国也穷,成群硕鼠盗存财富于境外,大撒币乱投资掏空国库,维稳体制膨胀耗竭国力。疫情后,世界经济欣欣向荣之际,唯独中国百业凋敝,民不聊生。应对衰竭式经济危机,他们更卖力吸血撒币,饮鸩止渴。

政治全面倒退。1980年代曾提出党政分开,如今党要领导一切,领导经济,领导民营企业,领导中小学,领导足球,领导教堂寺庙阴阳三界。教堂顶十字架被焚烧,和尚列队升国旗,堪称“盛世”奇观。村级民主四十年不进反退,香港百年自由法治被摧残,党内发明“妄议”之罪,几近道路以目。更冒天下之大不韪公然篡改宪法,妄谋终生尸位,华夏儿女是可忍孰不可忍?

文化全面凋残。十四亿人口的大国,文化影响力远不及日韩。孔子学院全球四处碰壁,曾经最盛大的春节也因灵魂残缺索然无味。层层审查阉割,互联网上一片萧杀之气,电影、电视、文学、艺术只剩他们的主旋律一个调了。自文化大革命大革中国文化之命,国人精神世界一片荒漠。一个掘中华祖坟的西方邪灵,怎么可能领导中华复兴?

外交全面失败。二战之后,奥运从未遭遇如此大规模抵制,华人从未遭遇如此广泛歧视,一带一路大撒币只见播种不见收获,量中华之物力结沙皇之欢心,与民主自由为敌,与独夫民贼为伍,堂堂华夏何以沦落至此?

明明数千万人生活在国际贫困线之下,却宣称全面小康;明明橡皮图章都不如,却宣称国家最高权力机关;明明一党专制,却宣称全过程民主;明明皇帝没穿衣服,却宣称身着世上最华丽的新装。

率遏众力,昏忧天下,六气不和,四时不节,世纪疫情,中原洪水,昊天警钟山川雷动,惊不醒皇帝老儿江山残梦。两年前曾作劝退书,如今不复相劝。日月出矣,气数尽矣,上天欲使其灭亡,谁能阻止其疯狂?
五、我们公民

公民们,黎明将至。三千年专制漫漫长夜自1840年拉开变局序幕,最后七十多年黎明前的黑暗也将结束。共产极权是条死路,倒行逆施不会长久,专制覆灭,中华重生,是为百年变局,亦是三千年之大变局。这是自由对奴役、民主对专制、光明对黑暗最后的战斗,天降大任,吾辈生逢其时,何其幸运。

我们是中国的未来。给子孙后代一个什么样的中国,取决于我们的信仰和行动。这片千年专制毒污的土地上,国民信仰之迷失,精神之萎靡,良心之败坏,文化之凋残令人痛心不已。新文明需要基石,我们公民就是基石。新文明需要土壤,我们公民责无旁贷。

二十年了,从我博士毕业那个夏天到湖北河南看望艾滋病村,走上坎坷公益之路。在国家信访局门前被打倒在地。在青年宾馆黑监狱、在沂南县被拳脚相加。在很多个地方被非法拘禁,被以偷税的罪名逮捕,被以小偷的名义关押,作为囚犯辗转于天河监狱、柳林监狱、垦华监狱。孰能有馀以奉天下?想起保罗的信:那美好的仗我已经打过了,当跑的路我已经跑尽了,所信的道我已经守住了。这是什么世代啊,我还有机会分享主的荣耀。

从不觉得这世界荒凉。废墟之上还有星空,星空之上是昊天的爱。也从不抱怨人民,黎明前的沉默,只因我们的歌声不够嘹亮。因着自由,燃烧激情;因着公益,仗剑四方;因着爱,慈悲众生。

我那么热爱这世界。我爱这春天里每一个羞怯的花朵,每一个天真的嫩芽。我那么热爱自由。可是为了争取更多人的自由、中国的自由,我一再地被剥夺了自由。

生在中原腹地黄河故道。三千年前那里叫中国。偏偏有了一个二十世纪的名字,民权。我那么深爱民国。爱着我们民族那曾一闪而过的希望之光。我是后来者,一生为民权而奋斗。我知道大时代已拉开序幕,我听见历史的脚步滚滚而来,听见它说,去吧,行过这最后的死荫幽谷。因着信仰,我背负起十字架;因着信仰,我穿越漫长的幽暗岁月;因着信仰,我以生命拥抱东方文明重生的朝阳。

十年了,公民运动。中华大地有多少站立的公民?这个民族跪得太久了。我们任重道远。但也不悲观。不是每个人觉醒才有民主自由,只要百分之一的国民觉醒,一千多万勇敢的公民就够了,足以改变中国。不要以为黑夜有多强大,不可遏止的黎明使它无处遁形。不要以为寂静有多可怕,一句真话使它魂飞魄散。不要以为他们有枪炮我们就绝望,一旦自由意识觉醒鬼魅魍魉烟消云散,枪炮铁甲回归人民。我们的力量,不是枪,是人心;不是谎言,是真相;不是计谋,是虔诚;不是仇恨,是爱。

记住说真话。真话是有力量的,即便当时没有回响,真相的种子埋下,定会在某个时刻发芽。说真话可能被封号被拘禁,这恰恰体现了真话的价值。勇敢的说真话,智慧的说真话,说我是“公民”,说“美好中国”,说“起来,不愿做奴隶的人们”。在互联网上说真话,在文化衫上说真话,在公交地铁里说真话,在山川大地河流说真话,在中国人的地方说真话。

记住禁食日。每年六月四日禁食一天,并在互联网上公开表达。这是不可遏止的纪念,即便失去自由依然可以坚持。这是更有力量的纪念,身体虽虚弱,精神更强大。这是开放未来的纪念,我们以小小的牺牲纪念先辈的牺牲,用我们的虔诚和谦卑筑起华夏新民族精神。

记住公民日。每周日为公民日,各地公民也可以选定自己的日子。这天公民聚会,关心国家,交流理念,服务社会。这一天配戴公民徽章、使用公民标识、传播公民理念。

记住《美好中国》。这是一群公民的理想奋斗和担当。那里有中国的未来,有道路。当一千万国民认真读了它,民主就会降临这神奇的土地。

记住爱。黎明之前,勇气最可贵。勇敢的公民都值得珍惜。不在互联网上恶意攻击,无爱不言,批评时亦心怀善念。激烈的温和的相互理解,先行者后来者相互鼓励,不同组织不同宗教相互包容,不同社会地位不同利益诉求相互支持。爱这辽阔的沧桑的土地,悠久的文明,勤劳的人民。结束专制漫漫长夜,迎来东方文明辉煌重生,是我们共同的天命。任何时候不被仇恨蒙蔽心灵,心中满满的爱才有力量勇毅前行。

当那天到来时,人民走上街头,公民是方向引领者。我们已有强大的公民共同体。我们知道怎样化解边疆民族问题消融历史的仇怨。我们知道怎样走出经济危机给国民以信心和希望。我们知道怎样抚平历史的创伤,有真相有正义。我们知道中国的未来,科学宪政,文明重生,美好中国。我们已经准备好了。

你们说我们颠覆你们的政权实在不敢当。因为将要颠覆你们的,是人民。既然非要把荣耀归于我们,我从容接受,然后把它还给祖国和人民,还给历史,最终归于昊天,因为他,安排了这一切。

公民许志永,2022年4月

Monday, February 12, 2024

Li Qiaochu Jailed for Inciting Subversion for Helping Xu Zhiyong Post His Articles (Full Judgment and Translation)

On February 16, 2020, police placed Li Qiaochu (李翘楚) under residential surveillance at a designated residence in Beijing. On March 19, 2022 former Beijing-based civil rights lawyer Wang Yu (王宇) posted the following on her Twitter account:

Li Qiao has been indicted!

A kind young woman, because she was "deeply influenced by her lover's thoughts," "set up a personal website for him" and "uploaded her lover's articles" – can this serve as the basis for a conviction? Let alone for the crime of inciting subversion of state power!

This is naked conviction for  thoughts and words!

I'm speechless!

I just want to ask the prosecutors: Where are your professional ethics as persons of the law?

李翘楚被起诉!

一个善良的女孩,因为“深受恋人的思想的影响”“为他搭建了个人网站”“上传了他恋人的文章”——这能定罪吗?更别说是什么煽动颠覆国家政权罪!

这就是赤裸裸的以思想和言论定罪!

我已经无语了!

我就想问问检察官:你们的法律人的职业操守都哪里去了!


Source: https://twitter.com/wangyulawyer/status/1504986213933264898

On February 4, 2024, a court in Linyi, Shandong sentenced Li Qiaochu to three years and eight months imprisonment for inciting subversion. Her offense was assisting civil rights lawyer Xu Zhiyong establish a Wordpress blog and post essays to the blog. 

Xu Zhiyong (许志永) is a PRC civil rights lawyer who co-founded the New Citizens' Movement (中国新公民运动) along with fellow civil rights lawyer Ding Jiaxi (丁家喜). Xu and Ding have been the target of government prosecutions for over a decade, and the government's attempts to silence him have been covered extensively by this blog: http://blog.feichangdao.com/2022/03/xu-zhiyongs-li-qiaochu-indictment.html

On February 15, 2020, Beijing Public Security Bureau authorities took Xu into criminal detention on suspicion of inciting subversion of state power. On August 5, 2021, Xu was indicted for committing the crime of subverting state power. According the indictment:

In September 2017, defendant Xu Zhiyong directed his girlfriend Li Qiaochu (dealt with in a separate case) to establish a personal blog for Xu Zhiyong and arranged for Li to disseminate a large quantity of Xu Zhiyong’s inciting articles that advocated subversion of state power.

2019年9月,被告人许志永指使其女友李翘楚(另案处理)搭建许志永个人博客,并安排李翘楚在该博客上传播许志永撰写的大量煽动性文章,宣扬颠覆国家政权思想。

On April 10, PRC courts sentenced Xu Zhiyong to 14 years and Ding Jiaxi to 12 years in prison. The PRC government failed to comply with its own law requiring their judgments to be made public and according to Ding Jiaxi's spouse it also refused to provide Ding's family a copy of the judgment (see https://twitter.com/luoshch/status/1682289671882125312).  

Ding Jiaxi's indictment is translated here: http://blog.feichangdao.com/2023/08/translation-ding-jiaxi-2021-subversion.html.

Ding Jiaxi's statement to the court is translated here: https://blog.feichangdao.com/2023/04/translation-civil-rights-lawyer-ding.html.

Xu Zhiyong's statement to the court is translated here: http://blog.feichangdao.com/2023/04/translation-civil-rights-lawyer-xu.html.


Criminal Judgment
Intermediate People's Court of Linyi, Shandong
(2022) Lu 13 Criminal First Instance No. 10

The public prosecution agency People's Procuratorate of Linyi, Shandong.

 Defendant Li Qiaochu, female, Han ethnicity, born [INTENTIONALLY OMITTED], 1991 in Yining, Xinjiang Uygur Autonomous Region, graduate student education, unemployed, household registration [INTENTIONALLY OMITTED], Haidian District, Beijing. On February 16, 2020, she was placed under residential surveillance at a designated residence by the Public Security Bureau of Haidian on suspicion of committing the crime of inciting subversion of state power, and on June 19 of the same year was released on bail pending trial. On January 18, 2021, this case was transferred to the Public Security Bureau of Linyi for processing in accordance with the law. On February 6 of the same year, she was taken into criminal detention, and her arrest was approved on March 14 of the same year. She is currently being held in detention at the Linyi Detention Center. 

Defense counsel was Ding Xikui, a lawyer at the Beijing Weitai Law Firm. 

The People's Procuratorate of Linyi filed a public prosecution with this Court on February 28, 2022, and in the Lin Procuratorate First Criminal Indictment (2022) No. Z1 charged  defendant Li Qiaochu with committing the crime of inciting subversion of state power. In accordance with the Supreme People's Court's decision to designate jurisdiction, a case was opened on March 7 of the same year, and a collegial panel was formed in accordance with the law. A pre-hearing meeting was held on December 5, 2023. Because the case involved state secrets, on December 19, 2023 this Court convened closed hearings to try the case. The People's Procuratorate of Linyi appointed Procurators Tan Changzhi, Li Tao, and Lu Xiaowei to appear in court in support of the public prosecution. Defendant Li Qiaochu and her defense counsel Ding Xikui appeared in court to participate in the proceedings. With the approval of the High People's Court of Shandong and the Supreme People's Court, the trial period was extended in accordance with the law. After review by the collegial panel and as reported to this Court's adjudicative committee for discussion and decision, the trial has now been concluded.

The People's Procuratorate of Linyi charged that defendant Li Qiaochu and Xu Zhiyong (handled in another case) were in a relationship, and she was deeply influenced by Xu Zhiyong's ideas. In September 2019, Li Qiaochu, under the instruction of Xu Zhiyong, set up a personal blog for Xu Zhiyong, and uploaded a large number of articles that subverted state power written by Xu Zhiyong to advocate Xu Zhiyong’s ideas.

In response to the aforementioned charge, the public prosecution agency read out and presented in court physical evidence, documentary evidence, witness testimony, forensic opinions, crime scene investigation, inspection, and identification transcripts, and defense statements and justifications. The public prosecution agency alleged that defendant Li Qiaochu incited subversion of state power and the  overthrow of the socialist order, and her actions constituted the commission of an offense under Article 5(2) of the "Criminal Law of the People's Republic of China" and she should bear criminal liability for the crime of inciting subversion of state power, and it requested this Court impose punishment in accordance with the law.

Defendant Li Qiaochu argued in court: Her statements during the period of residential surveillance at a designated location were illegal evidence and could not be used as a basis for finalizing the case. Her views on the Xu Zhiyong article were unclear and she had no subjective intent to incite subversion of state power. The only evidence that her actions constituted the commission of a crime was a personal statement, which is uncorroborated evidence.

The defense counsel put forward the following defense opinions: There were problems with the proceedings in this case and it should have been heard in public; Li Qiaochu’s statements during the period of residential surveillance at a designated location were illegal evidence and could not be used as a basis for making a case. Li Qiaochu did not have any subjective intent to commit a crime. There is insufficient evidence to determine that Li Qiaochu committed a crime.

It was ascertained at trial that: Defendant Li Qiaochu and Xu Zhiyong (who has already been found guilty of subversion of state power sentenced) were lovers. In September 2019, under the instruction of Xu Zhiyong, defendant Li Qiaochu set up a personal blog for Xu Zhiyong, uploaded an article inciting subversion of state power written by Xu Zhiyong and advocating Xu Zhiyong’s claims.

The aforementioned facts have been confirmed by the following evidence presented and examined in court and affirmed by this Court during the trial:

1. Witness Testimony

(1) The testimony of witness Zhang Zhongshun proved: Xu Zhiyong wrote articles  about "non-violence" and advocated the use of "non-violence" to subvert state power. I have read these articles written by Xu Zhiyong. Xu Zhiyong and members of his organization also make extensive use of foreign social media to spread Xu Zhiyong’s political views.

(2) The testimony of Xu Zhiyong proved: My blog was registered in my name in 2019, and I used this blog to publish articles. It is not convenient for me to say who registered it. Some of the articles were published with my consent. I sent the articles to a volunteer via email and they posted it on the blog for me. I do not wish to say who the volunteer was.

2. Identification Transcripts

(1) Xu Zhiyong undertook identification of the articles he wrote, and identified the articles he wrote and asked the volunteer to publish on his blog.

(2) Defendant Li Qiaochu undertook identification of the articles written by Xu Zhiyong, and identified  that 273 of them were posted on the blog website for Xu Zhiyong with her help.

3. Documentary Evidence

Email information proved: The content of the email Li Qiaochu sent to Hua Ze's mailbox on December 30, 2019 was: "I will send you some information that may be useful in the future for backup." "I used the Wordpress website with Xu Zhiyong to sort out his past articles and some important events. Last night he sent a message asking me to update the newly completed articles on the website."

4. Physical Evidence, Search and Investigation Records, Forensic Opinions

(1) On December 31, 2019, investigation personnel searched Xu Zhiyong’s residence and seized an black HP laptop, golden iPhone and other items used by Li Qiaochu. Based on forensics, traces were found that the computer had downloaded and saved a series of articles by Xu Zhiyong. The browser had saved the back-end editing URL of Xu Zhiyong's blog.

(2) On February 16, 2020, investigation personnel searched Li Qiaochu’s temporary residence and seize a silver HP laptop, USB flash drive and other items used by Li Qiaochu. Based on forensics, traces were found that the computer had downloaded and saved Xu Zhiyong's articles. On the USB flash drive there were tutorial videos for using WordPress.

5. Crime Scene Investigation, Investigation Records, and Remote Crime Scene Investigation  Transcripts proved: A search of Xu Zhiyong’s blog website found articles about "non-violence” and their dissemination through the "Chinese Citizen Movement Network." A crime scene investigation search conducted of Xu Zhiyong’s Twitter confirm the page layout of Twitter, the posting of the articles and the circumstances of their spread on the Internet. The crime scene investigation confirmed the circumstances of the reposting of Xu Zhiyong’s Twitter content and articles and network spread on Li Qiaochu’s Twitter.

6. Miscellaneous Evidence

(1) The Case Registration Form, Decision to Open a Case, Jurisdiction Designation Decision, Detention Warrant, Residential Surveillance Decision, Arrest Warrant and other proofs: The circumstances of defendant Li Qiaochu being suspected of committing a crime, the opening of a case investigation, the taking of compulsory measures, and the designation of jurisdiction. 

(2)The process of how the defendant came into police custody proved: The circumstances of how Li Qiaochu came into police custody.

 (3) The Criminal Judgment and Ruling Certificate: The circumstances of Xu Zhiyong being sentenced for committing the crime of subversion of state power.

(4) Li Qiaochu’s household registration information certificate: Li Qiaochu was born on January 13, 1991. Her native place is Yining City, Xinjiang Uygur Autonomous Region. Her registered place of residence is Room 317, Building 3, No. 12, Yard B, Zhongguancun South Street, Haidian District, Beijing.

7. Defendant's Statement and Justifications

Defendant Li Qiaochu's Statement: I met Xu Zhiyong at a friend's dinner in 2017. We established a relationship in June 2019 and started living together in early August 2019. I have read some of his articles.I have a certain understanding of what he advocates, and I believe that what Xu Zhiyong advocates has political purposes. Because I had feelings for him, I wanted to help him and post his articles on a website to satisfy his desire for other people to know who he was. In September 2019, Xu Zhiyong proposed creating a personal website, so I created a personal blog for him and contacted Hua Ze to change the URL. Xu Zhiyong had previously handed over the website to Hua Ze to manage because Xu Zhiyong originally wanted his foreign friends to help him publish articles. However, after Hua Ze took over Xu Zhiyong's personal blog website, he did not do much in the way of management. I was authorized by Xu Zhiyong to update most of the articles on this website. I created the website in September 2019, and posted all of Xu Zhiyong's previous articles to the website in November of the same year. After I updated Xu Zhiyong's articles, I sent the URL and username of his personal blog website to Hua Ze. I posted a total of 273 articles on Xu Zhiyong's personal blog website, and these articles have been individually signed and confirmed.

With respect to the justifications and defense opinions put forth by defendant Li Qiaochu and her defense counsel, and based on the facts and evidence in this case, this Court's judgment is as follows:

1. Regarding the defense opinions on the procedural issues proffered by defense counsel in this case. An investigation found that this Court heard in this case based on the Supreme People’s Court’s decision to designate jurisdiction, and the trial procedures were legal. In accordance with relevant confidentiality laws and regulations, municipal public security agencies can determine the classification of secret state secrets. The Public Security Bureau of Linyi determined that relevant evidence materials such as verbal evidence and electronic data in this case were classified as secret state secrets. In accordance with Article 188 of the "Criminal Procedure Law People's Republic of China" cases related to state secrets are not heard in public, so the hearings at trial in this case were not open, which was in compliance with the law. The relevant defense opinions of the defense counsel cannot be established and are not accepted by this Court.

2. Regarding the statements and justifications proffered by defendant Li Qiaochu and her defense counsel that the statements by Li Qiaochu while she was under residential surveillance at a designated location were illegal evidence and cannot be used for reaching a determination in this case. An investigation found that in this case, the evidence based on which the case was finalized was obtained by the investigating agency in accordance with the law. There are no clues or materials indicating that there was illegal evidence collection in this case. The evidence is mutually corroborating, is legal and valid, and can be used as the basis for a determination in this case. The relevant justifications and defense opinions of Li Qiaochu and her defense counsel cannot be established and are not accepted by this Court.

3. Regarding the relevant justifications and defense opinions proffered by defendant Li Qiaochu and her defense counsel that there is insufficient evidence to conclude that Li Qiaochu committed a crime, and that Li Qiaochu's actions did not constitute the commission of the crime of inciting subversion of state power. An investigation found that according to Li Qiaochu’s statements, the witness testimony of  Xu Zhiyong and Zhang Zhongshun, crime scene investigations, investigation records, forensic opinions, and other relevant evidence, Li Qiaochu established a romantic relationship with Xu Zhiyong and lived with him. It can be seen that even though she clearly knew the content and nature of Xu Zhiyong's advocacy and related articles, she nevertheless built a personal website for him, published articles, and helped spread and disseminate his advocacy of subversion of state power. Her actions met the requirements for committing the crime of inciting subversion of state power. The relevant justifications and defense opinions of Li Qiaochu and his defense counsel cannot be established and are not accepted by this Court.

This Court finds that defendant Li Qiaochu built a personal blog for Xu Zhiyong and helped him upload articles that subverted state power. Her actions constituted the commission of the crime of inciting subversion of state power. With respects to the public prosecution agency's charge that Li Qiaochu committed the crime of inciting subversion of state power, the facts are clear, the evidence is reliable and copious, and the charged offense is establish. Based on the facts, nature, circumstances, and degree of harm to society of Li Qiaochu's crime, in accordance with Article 100 of the "Criminal Law of the People's Republic of China" the judgment is as follows:

1. Defendant Li Qiaochu committed the crime of inciting subversion of state power, and is sentenced to a fixed term imprisonment of three years and eight months and deprivation of political rights of two years. (The prison term is to be calculated starting on the day the judgment is executed, and each day in custody prior to the execution of the judgment shall count as one day of the prison term, and every two days at the designated residence for residential confinement at a designated location shall count as one day of the prison term, that is from February 6, 2021 to August 3, 2024.)

2. Defendant Li Qiaochu's computers, mobile phones, USB flash drives and other items of property seized by the public security agency were all materials used for her crimes and shall be confiscated in accordance with the law.

If any party does not accept this judgment, they may within 10 days after the second day after receiving this written judgment bring an appeal through this Court or directly to the High People's Court of Shandong. A written appeal should be submitted with one original and two copies of the appeal brief.

Chief Adjudicator    Wu Qinglin
Adjudicator        Li Dianji
Adjudicator        Wu Honglin

February 4, 2024

Clerk            Zhang Kun
Clerk            Zhang Ning
 

山东省临沂市中级人民法院

刑事判决书
(2022)鲁13刑初10号


公诉机关山东省临沂市人民检察院。

被告人李翘楚,女,汉族,1991年1月13日出生于新疆维吾尔自治区伊宁市,研究生文化,无业,户籍地、住所地北京市海淀区中关村南大街12号院3号楼317室。因涉嫌犯煽动颠覆国家政权罪于2020年2月16日被北京市公安局海淀分局指定居所监视居住,同年6月19日被取保候审。2021年1月18日本案依法移送山东省临沂市公安局办理,同年2月6日被刑事拘留,同年3月14日被批准逮捕。现羁押于山东省临沂市看守所。辩护人丁锡奎,北京市维泰律师事务所律师。

山东省临沂市人民检察院以临检一部刑诉[2022]Z1号起诉书指控被告人李翘楚犯煽动颠覆国家政权罪,于2022年2月28日向本院提起公诉。本院遵照最高人民法院指定管辖决定于同年3月7日立案受理,并依法组成合议庭,于2023年12月5日召开庭前会议。因案件涉及国家秘密,本院于2023年12月19日不公开开庭进行了审理。临沂市人民检察院指派检察员谭长志、李涛、陆晓炜出庭支持公诉,被告人李翘楚及其辩护人丁锡奎到庭参加诉讼。经山东省高级人民法院、最高人民法院批准,依法延长了审理期限。经合议庭评议并报本院审判委员会讨论决定,现已审理终结。

山东省临沂市人民检察院指控,被告人李翘楚与许志永(另案处理)系恋人关系,深受许志永观念的影响。2019年9月,李翘楚在许志永的指使下,为许志永搭建个人博客,上传许志永撰写的大量颠覆国家政权性质的文章,宣扬许志永的主张。

针对上述指控,公诉机关当庭宣读和出示了物证、书证、证人证言、鉴定意见、勘验、检查、辨认笔录、被告人供述和辩解等证据。公诉机关认为,被告人李翘楚煽动颠覆国家政权,推翻社会主义制度,其行为触犯了《中华人民共和国刑法》第一百零五条第二款之规定,应当以煽动颠覆国家政权罪追究其刑事责任。提请本院依法惩处。

被告人李翘楚当庭辩称:其被指定居所监视居住期间的供述系非法证据,不能作为定案的依据;其对许志永文章的观点不清楚,没有煽动颠覆国家政权的主观故意;认定其构成犯罪的证据只有个人供述,系孤证。

辩护人提出如下辩护意见:本案诉讼程序存在问题,且应当公开审理;李翘楚被指定居所监视居住期间的供述系非法证据,不能作为定案的依据;李翘楚没有犯罪的主观故意;认定李翘楚构成犯罪的证据不足。

经审理查明:被告人李翘楚与许志永(已因颠覆国家政权罪被判刑)系恋人关系。2019年9月,被告人李翘楚在许志永的指使下,为许志永搭建个人博客,上传许志永撰写的煽动颠覆国家政权的文章,宣扬许志永的主张。

证实:

上述事实,有经庭审举证、质证,本院予以确认的下列证据

1.证人证言

(1)证人张忠顺的证言证明:许志永撰写了《非暴力》等文章,主张采用"非暴力"的方式颠覆国家政权。我读过许志永写的这些文章。许志永及其组织成员还广泛利用境外社交媒体传播许志永的政治观点。

(2)证人许志永的证言证明:我的博客是2019年让别人以我的名义注册的,并使用这个博客发表文章,谁注册的我不方便讲。其中有的文章是经过我同意发表的。我通过电子邮箱把文章发给志愿者,帮我发到博客上,我不想讲志愿者是谁。

2.辨认笔录

(1)许志永对其撰写的文章进行辨认,辨认出其撰写并让志愿者在其博客上发表的文章。

(2)被告人李翘楚对许志永撰写的文章进行辨认,辨认出其中273篇文章系其帮助许志永发在博客网站上的。

3.书证

邮件信息证明:李翘楚于2019年12月30日向华泽邮箱发送邮件的内容为:"我把一些后续也许用得上的资料发给您备份。""我用wordpress网站和许志永一起把他过去的文章和一些重要事件做了梳理,昨晚他发来信息,要我把他新完成的文章也更新在网站上。"

4.物证、搜查、检查笔录、鉴定意见

(1)2019年12月31日,侦查人员对许志永住所进行搜查,扣押李翘楚使用的黑色惠普笔记本电脑、金黄色苹果手机等物品。经鉴定,该电脑内有下载、保存许志永系列文章的痕迹;浏览器保存许志永博客的后台编辑网址。

(2)2020年2月16日,侦查人员对李翘楚暂住所进行搜查,扣押李翘楚使用的银色惠普笔记本电脑、优盘等物品。经鉴定,该电脑内有下载许志永文章的痕迹;优盘中有wordpress使用教程视频。

5.勘验、检查笔录远程勘验笔录证明:在许志永的博客网站上,搜索发现《非暴力》等文章及通过"中国公民运动网"传播的情况;对许志永的推特进行勘验证实推特的页面布局、文章发布情况及网络传播的情况;对李翘楚的推特进行勘验证实转载许志永推特内容、文章和网络传播的情况。

6.综合证据

(1)受案登记表、立案决定书、指定管辖决定书、拘留证、监视居住决定书及逮捕证等证明:被告人李翘楚涉嫌犯罪的立案侦查,采取强制措施、指定管辖的情况。

(2)到案经过证明:李翘楚到案的有关情况。

(3)刑事判决书、裁定书证明:许志永因犯颠覆国家政权罪被判刑的情况。

(4)李翘楚戶籍信息证明:李翘楚1991年1月13日出生,籍贯新疆维吾尔族自治区伊宁市,户籍地北京市海淀区中关村南大街乙12号院3号楼317室。

7.被告人的供述和辩解

被告人李翘楚供述:我是2017年在一次朋友聚餐上认识的许志永,2019年6月份我们确立了情侣关系,2019年8月初开始同居生活。他的文章我看过一部分,对他的主张理念有一定的认识,感觉许志永提出的主张是有政治目的的。因为我对他有感情,就想帮助他,把他的文章发到网站上,满足他想被别人知道他是谁的愿望。2019年9月的时候,许志永提出创建一个个人的网站,我就为他创建了个人博客,并联系华泽变更了网址。许志永之前把网站交给华泽管理,是因为许志永当初是想让境外的朋友帮他发文章,但华泽在接管许志永个人博客网站后,没有什么太多的管理行为,后期网站上的绝大多数文章还是许志永授意我来进行更新的。我从2019年9月份创建网站,至同年11月份将许志永前期文章全部发布到网站上。我更新好许志永的文章后,把他个人博客网站的网址和用户名都发给了华泽。我在许志永的个人博客网站上共发布了273篇文章,这些文章已经逐一签字确认过了。

针对被告人李翘楚及其辩护人提出的辩解和辩护意见,根据本案的事实和证据,本院评判如下:

1.关于辩护人所提本案诉讼程序问题的相关辩护意见。经查,本院根据最高人民法院指定管辖决定书审理本案,审判程序合法;根据有关保密法律法规,市级公安机关可以确定机密级国家秘密,临沂市公安局将本案中相关言辞证据、电子数据等证据材料确定为机密级国家秘密,依照《中华人民共和国刑事诉讼法》第一百八十八条之规定,有关国家秘密的案件不公开审理,故对本案不公开开庭审理,符合法律规定。辩护人的相关辩护意见不能成立,本院不予采纳。

2.关于被告人李翘楚及其辩护人所提李翘楚指定居所监视居住期间的供述系非法证据,不能作为定案依据的辩解和辩护意见。经查,本案据以定案的证据均系侦查机关依法取得,无线索和材料表明本案存在非法取证的情形,证据之间能够相互印证,合法有效,可以作为定案的依据。李翘楚及其辩护人的相关辩解和辩护意见不能成立,本院不予采纳。

3.关于被告人李翘楚及其辩护人所提认定李翘楚构成犯罪的证据不足,李翘楚不构成煽动颠覆国家政权罪的相关辩解和辩护意见。经查,根据李翘楚的供述、证人许志永、张忠顺的证言、勘验、检查笔录、鉴定意见等相关证据,李翘楚与许志永建立恋爱关系且共同生活,并对许志永文章做出过评价,可见其明知许志永的主张以及相关文章的内容和性质,仍为其搭建个人网站、发布文章,帮助散布、传播颠覆国家政权主张,其行为符合煽动颠覆国家政权罪的构成要件。李翘楚及其辩护人的相关辩解和辩护意见不能成立,本院不予采纳。

本院认为,被告人李翘楚为许志永搭建个人博客,并帮助其上传颠覆国家政权的文章,其行为已构成煽动颠覆国家政权罪。公诉机关指控李翘楚犯煽动颠覆国家政权罪的事实清楚,证据确实、充分,指控罪名成立。根据李翘楚犯罪的事实、性质、情节和对于社会的危害程度,依照《中华人民共和国刑法》第一百零五条第二款、第五十五条第一款、第五十六条第一款、第六十四条之规定,判决如下:

一、被告人李翘楚犯煽动颠覆国家政权罪,判处有期徒刑三年八个月,剥夺政治权利二年。(刑期从判决执行之日起计算。判决执行以前先行羁押的,羁押一日折抵刑期一日;指定居所监视居住的,监视居住二日折抵刑期一日,即自2021年2月6日起至2024年8月3日止。)

二、公安机关扣押的被告人李翘楚的电脑、手机、优盘等物品,均系供其犯罪所用的财物,依法予以没收。

如不服本判决,可在接到判决书的第二日起十日内,通过本院或者直接向山东省高级人民法院提出上诉。书面上诉的,应当提交上诉状正本一份,副本二份。

审判长        吴清林
审判员        李殿基
审判员        吴洪林

二0二四年二月四日

书记员        张琨
书记员        张宁

Wednesday, February 7, 2024

Sina Weibo Censors Topic on People's Daily Article About Economic Optimism

This screenshot was taken on February 2, 2024, and shows that a search on Sina Weibo for the topic "#There is an Atmosphere of Optimism Throughout the Country" (#整个国家都洋溢着乐观向上的氛围) returns search results, but users are told "According to relevant laws, regulations and policies, the content of this topic is not displayed. The following are the search results for that term." (根据相关法律法规和政策,该话题内容未予显示,以下为搜索词结果。).

On February 2, 2024, the print edition of the People's Daily published an article on page 3 titled "There is an Atmosphere of Optimism Throughout the Country" (整个国家都洋溢着乐观向上的氛围). 

Some excerpts:

International Relations Secretary of the Communist Party of Germany Renate Koppe recently said in an exclusive interview with this reporter that in the ten years of the new era, China has made new achievements in improving people's livelihood and well-being, achieved new results in common prosperity, embarked on a new journey of comprehensively building a modern socialist country . . . 

In April 2023, Koppe attended the international theoretical seminar on "Chinese-style Modernization and Common Development" held at Renmin University of China, and visited Beijing, Anhui, Jiangsu and other places. Koppe's visit to China was very rich in content, from visiting multiple party schools to learning about university Marxist courses . . . .

She said: "China has made significant progress in housing, medical care, education and infrastructure, and the overall living standards of the people have been greatly improved. The entire country is permeated with an optimistic atmosphere, which left a deep impression on me."

德国的共产党国际关系书记雷娜特·科佩日前在接受本报记者专访时表示,新时代十年,中国在增进民生福祉方面取得新成就,共同富裕取得新成效,迈上全面建设社会主义现代化国家新征程 . . . 

科佩2023年4月出席了在中国人民大学举办的“中国式现代化与共同发展”国际理论研讨会,并先后到北京、安徽、江苏等地参观访问。科佩此次访华行程内容十分丰富,从走访多个党校到了解大学马克思主义课程 . . . 

她表示,访华前她围绕中国的减贫成就进行了大量研究,访问让她对中国的扶贫政策、乡村振兴战略规划有了更深入的了解。中国还在努力进一步缩小城乡差距、提升农村地区基础设施和教育水平。

The article became a topic of discussion on PRC social media platforms, with many people posting the article's title along with charts and comments about the dramatic decline in the value of  the PRC's stock market since Koppe's visit in 2023. For example, investigative journalist Wang Keqin (王克勤) posted this to his 2.7 million followers, along with a comment that could be construed as sarcastic.


At that time Sina Weibo was also censoring other topics relating to the poor performance of PRC stock markets. For example, this screenshot was taken on February 5, 2024, and shows that a search on Sina Weibo for the topic "#Stock Disaster" (#股灭) returns search results, but users are told "According to relevant laws, regulations and policies, the content of this topic is not displayed. The following are the search results for that term." (根据相关法律法规和政策,该话题内容未予显示,以下为搜索词结果。).


Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

On June 14, 2024, the Twitter account "Free Huang Xueqin & Wang Jianbing 释放雪饼" (@FreeXueBing)  posted a copy of the last two p...